Posted on 10/09/2021 9:13:29 AM PDT by Lazamataz
From September 30, 2021 presentation by Clint [redacted]
Email: [Redacted]
Disclaimer: comments by Clint [redacted] recorded here, should be viewed like something you would hear at a seminar. Since we have not yet hired Clint to represent us, his guidance is not specific legal advice to you individually or this group.
Clint’s initial message to us – about challenging mandates -- was a bitter pill, but it does clarify some things and help us focus on the things that matter. The more important discussion covered was how to successfully acquire an exemption, especially a religious one.
EEOC and Legal Challenges to Mandates
Takeaway: No viable path to stopping corporate’s mandate through the legal system (a good attorney will never say never, but the odds are long)
o EEOC is the enforcement agency
o EEOC updated its guidance in May to say that employers can require vaccinations as a condition of employment, subject to certain limitations
Takeaway: Courts and EEOC have affirmed that there are some limitations to a mandate:
o Example avenues for Religious Exemptions (you may find another)
§ Pro-life concerns about connections to aborted fetal cells
§ My body is a temple of God and I need to be discerning about what goes into my body.
o Can substitute a lawyer letter that explains why a clergy letter is not necessary and Clint [Redacted]t is willing to help with this type of letter
o Court said that since IU was not in fact mandating vaccinations because students had other choices and upheld the University mandate
o Appealed to Circuit Court and upheld
o Appealed to SC and Justice Barrett rejected appeal, letting the lower court ruling stand
o Issue was whether an employer could modify their conditions of employment after hiring someone. Constitutional claims dismissed because the employer was not acting as the government.
o Court went on to talk about Civil Rights Act protections
§ Suspicions about efficacy and risks cannot override the law.
§ Acknowledged that science can be wrong, but when it is preventing disease there is a lot of leeway.
§ Every employment includes limits on the employees behavior in exchange for renumeration.
§ If an employee believes his/her civil liberties are … they should exercise their right to seek other employment.
o Do not have to be residents of KY unless there is some special state statute that intervenes.
o Clint thinks it is reasonable to overturn this since Corporate has clearly established in that last 18 months that people can be WAH.
o This is a state by state issue and not Clint’s expertise
o KY certainly allows for disqualifications for insubordination, misconduct
o Employee needs to make it clear they want to keep their job and continue working and that is why they submitted an RE
o If you resign voluntarily, then you are not eligible for unemployment
o He believes this will be challenged
o Most of the legal cases here were before any vaccine had FDA approval and the courts still upheld mandates.
o The EUA statute applies to medical provider. And the IU cases, the judge said it is really not a mandate.
o He doesn’t know that this has been answered. There is suggestion that there should be responsibility. Some have suggested asking the employer if I am willing to do this, are you willing to compensate me for adverse reaction.
o He believes the EEOC would support this person because they learned something new.
o The one case he knows of settled pretty quick in favor of the plaintiff who was arguing that he did not need a vaccine because he had antibodies.
o When the situation seems to require something the law doesn’t require.
o Helps to have numbers either named or unnamed.
MILITARY MEDICAL EXEMPTIONS
“Temporary Exemptions may be granted for up to 365 days based on:
Temporary contraindications to vaccines (e.g., pregnancy, acute illness, treatments causing immune suppression)
Pending completion of an ongoing medical evaluation
Medical Supply exemption: lack of vaccine supply
“Permanent Exemptions may be granted indefinitely based on one of the following**:
Determination by a medical provider that further vaccination will seriously endanger patient’s health
Medical, Reactive exemption: Previously severe reaction after specific vaccine (e.g., anaphylaxis)
Medical, Immune exemption: Evidence of existing immunity (e.g., by serologic antibody test, documentation of previous infection or natural infection presumed)
**Indefinite or permanent exemptions may be revoked if an alternate form of prophylaxis is not available, if a medical condition or vaccination guideline changes, or if a provider experienced in vaccine adverse-event management determines that the risk of acquiring the disease is greater than the risk of vaccine exposure.
“Health care professionals are available for consultation regarding exemption recommendations. Both health care professionals and service members are encouraged to contact the DHA Immunization Healthcare Support Center at 877-438-8222 (DSN 761-4245), Option 1, for vaccine medical exemption guidance.”
Good news is, employer is pulling people from all over the company to process RAs. They are expecting 12 weeks to process them all. Good to know there are THAT many resistors out there!
Here is an excerpt from an e-mail I received from Liberty Council . ..the EVIL in this country has no limit. Note the identity of the Navy Seal has been protected:
Samuel* is an active-duty U.S. Navy SEAL. With more than a decade of service in this special operations unit, he has been deployed multiple times around the world and has earned many personal and unit awards for his loyal service to our country.
But that doesn’t matter to Joe Biden, who has now unlawfully ordered all military service members to get the shots.
Samuel filed his religious exemption with his chain of command. This paperwork should have been the end of the story. But all members of the military are being told to get the shots or be punished. NO RELIGIOUS EXEMPTIONS WILL BE CONSIDERED.
Samuel has been informed he will be charged with an “Article 92” infraction under the Uniform Code of Military Justice (UCMJ), which is failure to obey an order or regulation. Article 92 charges result in loss of all pay and benefits and a bad conduct discharge, which would harm Samuel’s future career prospects.
Even worse, an Article 92 conviction also includes punishment of up to TWO YEARS IN MILITARY PRISON.
Now hold on there a sec.
They could have been developed in parallel with the gain of function research.
To those of us that hopelessly believe in coincidences the following amount to nothingsauce:
The man who illegally restored funding to the Wuhan lab;
who through patents is likely to financially benefit from the clot shots;
who said that performing gain of function research was worth the risk of a pandemic;
who predicted Trump would face a pandemic;
who referred to the viruses as prototypes;
who fight to prevent use of other treatments than the jab;
who is now telling us there will be more boosters;
is also the guy who led the charge to shut down our economy.
… I don’t believe in coincidences at that level. Seems like a money making scheme of this magnitude would take some time to arrange.
Oh, I think the virus escaped the lab before it was supposed to be released, and with that it got out into an initial population it may not have been intended for … people who would run bioweapon research out of Communist China now are the same sort that would helped the Nazis or Soviets thinking they would get to share the information,
Excellent, save for later...RESIST MANDATE
No logical argument can refute religious zealotry. Only the prospect of 50+% of their workforce forcing their own terminations will make these jokers wise up.
Good information, thanks for posting. Just one question: what is WAH? Couldn’t find online or figure out from context. Thanks.
WAH = Work At Home
Good post Laz - I cut and pasted it in my notebook for future reference if necessary.
Save URself a LOT of trouble, just hack the database and add yourself.
I hope Zippy is hanging in there! 🖤🤍🐾
In France, maternal mortality in 2000 was estimated to be 73 women.
In France, maternal mortality in 2017 was estimated to be 56 women.
Mandated administration of the Covid vaccines to the yet unvaccinated population of around 70 million Americans now eligible could be expected to produce deaths of 56 or 73 or more Americans.
Mandated administration of Covid vaccines carries a risk comparable to forcing mothers by law to carry typical pregnancies as far as medical science allows.
If the Roe v. Wade “my body, my choice” legal principle is to continue apply to a womb, it must also logically apply to an arm when the risk of death is comparable.
Note: I support Covid vaccination, and got vaccinated with two shots of Moderna almost soon as allowable, but due to the clearly non-negligible risk of bad or deadly side effects it must be a personal decision and not a legislative, corporate or demented executive’s decision.
the natural immunity case referred to may be the case brought by a george mason law professor(fairfax, va). he won an exemption.
He’s not. I’ll need to put him down soon.
Thanks for the input.
Unfortunately, my sometimes cynical Old Engineer summary leads me to conclude that at least in the present environment, the concept of Equal Justice Under the Law is as much an outmoded fairy tale as Full Faith and Trust in Government.
Sure is nice to have been a self-employed consultant for all these years.
I personally have evidence-substantiated faith in the Moderna vaccine (and natural immunity) to both prevent my hospitalization and my death.
With respect to Covid vaccination, I need not care what you do with your body at this time.
I will fight false information propagation that hurts the conservative political movement.
I just hate that. ((((big hugs))))
WANT!!!
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